HEARD v. SULLIVAN

HEARD v. SULLIVAN
1955 OK 41
280 P.2d 708
Case Number: 36767
Decided: 02/23/1955
Supreme Court of Oklahoma

HERBERT HEARD, PETITIONER,

v.

HONORABLE SAM SULLIVAN, JUDGE OF THE DISTRICT COURT OF BRYAN COUNTY, OKLAHOMA, RESPONDENT.

Syllabus

¶0 1.Where there are circumstances of such nature as to cause doubts as to a Judge's partiality, bias or prejudice, it is his duty to disqualify, notwithstanding the fact that he personally believes himself to be unprejudiced, unbiased and impartial.

2. By section 2, art. 7, of the Constitution (section 187, Williams' Ann. Const.) the Supreme Court is given jurisdiction to exercise a general superintending control over all inferior courts and all commissions and boards created by law, and this jurisdiction is a separate and distinct grant from its appellate jurisdiction.

[280 P.2d 708]

Paul & Montgomery, Durant, for petitioner.

Wallace W. Gates, County Atty., Bryan County, Durant, for respondent.

WILLIAMS, V.C.J.

¶1 This is an original proceeding for a writ of mandamus to require respondent, Hon. Sam Sullivan, Judge of the District Court of Bryan County, Oklahoma, to certify his disqualification in two cases now pending in his court.

¶2 The same parties, the same question, and virtually the same factual situation were before this court in Case No. 35,415, styled [280 P.2d 709] State ex rel. Heard v. Sullivan, Judge, decided Feb. 12, 1952, the opinion therein being reported in 206 Okl. 43,

¶3 It is suggested that this court has no jurisdiction to issue the writ requested because the case in which respondent's disqualification is here sought are criminal cases and by specific statute,

"By section 2, art. 7, of the Constitution (section 187, Williams' Ann. Const.), the Supreme Court is given jurisdiction to exercise a general superintending control over all inferior courts and all commissions and boards created by law, and this jurisdiction is a separate and distinct grant from its appellate jurisdiction."

¶4 Such original jurisdiction must necessarily include the issuance of the writ herein sought.

¶5 On the authority of the case of State ex rel. Heard v. Sullivan, supra, the writ herein sought is granted and the syllabus in that case and the 3rd paragraph in the syllabus of State v. Kight, supra, are hereby adopted as paragraphs 1 and 2, respectively of the syllabus herein.

¶6 JOHNSON, C.J., and WELCH, CORN, DAVISON, ARNOLD, HALLEY and JACKSON, JJ., concur.